Do I need to send proof of marriage docs even after 5 years?

[rimini 4]

I am currently married and I could technically file a 3-year residency citizenship application based on marriage. I know that in order to do that I will have to gather all data  about my spouse, including my spouse birth certificate and pictures/joint bank accounts/common properties, affidavits from friends etc... essentially it looks like green card application 2.0. 

 

But what if I apply after 5 years? Would they still need to receive all that mountain of documents to prove that I am still married?

 

Thanks.

[andy78 178]

No, that type of evidence is not needed if you are filing under the 5-year rule.

N-400 instructions on USCIS website has good details.

[Gattu 1]

Been married for a few years past the 3-year period, but I filed my N-400 as "the spouse of a US citizen" since that's how I filed for my GC. Until I read this thread, I was under the impression that the 3 year rule still applies i.e. you need to wait AT LEAST 3 years till you can file an N-400, but you ARE STILL filing as the spouse of a US citizen. I would think that you have to check that box no matter how many years have gone by.

 

They asked me to bring proof of marriage and living together for at least 3 years to the interview, so I scheduled an InfoPass appointment to ask about this:

- The USCIS rep said that joint tax returns/transcripts and a deed (if you jointly own a house) would suffice.

- Other qualified documentation includes: Insurance policies (car/life/medical), utility bills, beneficiary designations for retirement accounts.

[rimini 4]

So does it mean that if I wait after 5 years, all I need to submit are tax returns and bill statements, compared to providing more details at 3 years?

[candybabe 46]

1 hour ago, rimini said:

So does it mean that if I wait after 5 years, all I need to submit are tax returns and bill statements, compared to providing more details at 3 years?

If you have had your GC for more than 5 years or 5 years minus 90 days , you can apply based on 5 yr residency as LPR - this entails proof of continuous residency in the US - which is basically the form, and copy of GC and application fee plus the other required docs if applicable. I added to mine copy of my divorce decree to show all earlier marriages ended ( mandatory regardless of 3 yr or 5 rule), copy of driver's license to show residence in the state (optional), copy of current marriage certificate (optional with the app, but has to be brought at interview). Will bring the tax transcripts for all 5 years to the interview, along with 2 passport style photos.

 

If you have only had your GC for 3 years or 3 yrs minus 90 days AND you are married in a bona fide marriage to the same US Citizen - then you can benefit from the 3 yr rule, which shortens the amount of time from 5 yrs continuous residence requirement to 3 yrs - BUT you have to submit evidence of continuous bona fide marriage - which is very similar to the GC application / AOS / ROC. Because it is a benefit, you will need to provide more supporting evidence.

 

So - if you like simplicity and are eligible for the 5 yrs you may want to check off that box on the N-400. I have read stories on here, where someone in a similar case to yours checked the 3 yrs rule box,  went to the interview after having submitted all kinds of evidence and the IO checked the 5 yr box for her, ignored all evidence of marriage and only looked at tax transcripts...

 

My advice all the time is to keep it clean and organized - The more straight forward the package ( granted it meets their requirements), the easier to navigate, the faster the agent can go through and say yup, checked, checked, checked, next ....

 

All they do is review papers all day so I can imagine they would appreciate it if we send in well organized application packages.

 

 

 

 

 

 

[candybabe 46]

The case I mentioned above - The woman had her GC for more than 5 years and checked the 3 yr box.

 

In your case, not sure if you have had it for 5 years or just 3 years.

 

To give an example, if you obtained your GC in March 2013, you are at the 4 year mark - so you are eligible for the 3 yr rule, along with having to submit evidence of bona fide marriage. You would not be eligible for the 5 year rule until next year.

[Jamaican_Gooner 36]

On 3/28/2017 at 0:46 PM, rimini said:

I am currently married and I could technically file a 3-year residency citizenship application based on marriage. I know that in order to do that I will have to gather all data  about my spouse, including my spouse birth certificate and pictures/joint bank accounts/common properties, affidavits from friends etc... essentially it looks like green card application 2.0. 

 

But what if I apply after 5 years? Would they still need to receive all that mountain of documents to prove that I am still married?

 

Thanks.

i filed based on the 3 year rule and didn't have to provide half of what you stated, there is no request for affidavits, no pictures. I did provide tax statements, our son's birth certificate and a copy of my wife's passport page. For the interview they may ask for more information or not but its not the mountain of evidence that you think

 

21 hours ago, rimini said:

So does it mean that if I wait after 5 years, all I need to submit are tax returns and bill statements, compared to providing more details at 3 years?

Yes, and it would be just your tax transcripts and a copy of your green card. If you were married before you have to produce evidence of that prior marriage being dissolved

[mustang-sally 8]

On 3/28/2017 at 3:03 PM, rimini said:

So does it mean that if I wait after 5 years, all I need to submit are tax returns and bill statements, compared to providing more details at 3 years?

 I filed after 5 years. All I included in my application was the N400 form, a check, a copy of front and back of green card and 2 passport photos (which you may or may not need). At the interview I had a bag full of papers but all he wanted to see was my drivers license and passports (I had 2 as I renewed it 2 years ago) and name and address of my new employer (I changed jobs in January).

I was never asked for any tax papers or marriage certificates or proof of address or anything like that.

[Aronele 2]

As Jamaican_Gooner stated, you do not need to present as much evidence for the 3 years - 90 days N400 application as you did for ROC or AOS. I submitted 3 years of jointly filed tax transcripts, marriage certificate, birth certificate of my US citizen spouse and a copy of my green card. The M-477 document checklist for 3 years filing is very clear. You can bring other original documents to the interview.